II 

118TH CONGRESS 

2D SESSION S. 5192 

To authorize compensation to individuals, organizations, and companies impacted by the Gold King Mine wastewater spill of 2015, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2024 

Mr. BENNET (for himself and Mr. HICKENLOOPER) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To authorize compensation to individuals, organizations, and 

companies impacted by the Gold King Mine wastewater 

spill of 2015, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gold King Mine Spill 

5 Compensation Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) BPMD CONTAMINATION.—The term 

5 ‘‘BPMD contamination’’ means a release or threat6 ened release of hazardous substances that occurred 

7 or is occurring on or before the date of enactment 

8 of this Act at or from mining-related sources within 

9 the Bonita Peak Mining District Superfund Site in 

10 San Juan County, Colorado, Environmental Protec11 tion Agency Docket ID No. EPA HQ–OLEM2016– 

12 0152, as published in the final rule of the Environ13 mental Protection Agency entitled ‘‘National Prior14 ities List’’ (81 Fed. Reg. 62397 (September 9, 

15 2016)), including all areas of that site that the En16 vironmental Protection Agency has ever defined or 

17 described for purposes of, or in relation to, the Na18 tional Priorities List developed by the President in 

19 accordance with section 105(a)(8)(B) of the Com20 prehensive Environmental Response, Compensation, 

21 and Liability Act of 1980 (42 U.S.C. 

22 9605(a)(8)(B)). 

23 (3) COVERED CLAIM.—The term ‘‘covered 

24 claim’’ means a written request for monetary com25 pensation of a certain amount under chapter 171 of 


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1 title 28, United States Code (commonly known as 

2 the ‘‘Federal Tort Claims Act’’), submitted to the 

3 Administrator on or before August 5, 2017, by an 

4 injured person for compensation for covered dam5 ages. 

6 (4) COVERED DAMAGES.— 

7 (A) IN GENERAL.—The term ‘‘covered 

8 damages’’ means any of the following types of 

9 adequately documented, as determined by the 

10 Administrator, damages suffered by an injured 

11 person as a result of the Gold King Mine spill 

12 that is otherwise uncompensated: 

13 (i) Injury. 

14 (ii) Lost business income incurred 

15 during the period beginning on August 5, 

16 2015, and ending on December 31, 2015, 

17 excluding lost business income from vaca18 tion rentals. 

19 (iii) Expenses arising from relocating 

20 livestock and providing alternative water 

21 supplies incurred during the period begin22 ning on August 5, 2015, and ending on 

23 October 15, 2015. 

24 (iv) Diminished yield or loss of agri25 cultural crops occurring during the period 


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1 beginning on August 5, 2015, and ending 

2 on December 31, 2015. 

3 (B) EXCLUSIONS.—The term ‘‘covered 

4 damages’’ does not include— 

5 (i) costs for response (as defined in 

6 section 101 of the Comprehensive Environ7 mental Response, Compensation, and Li8 ability Act of 1980 (42 U.S.C. 9601)); or 

9 (ii) emotional distress. 

10 (5) GOLD KING MINE SPILL.—The term ‘‘Gold 

11 King Mine spill’’ means the release, on August 5, 

12 2015, of more than 3,000,000 gallons of acid mine 

13 drainage containing heavy metals from the Gold 

14 King Mine located in San Juan County, Colorado, 

15 into downstream waters, including the Animas and 

16 San Juan Rivers, that occurred during a removal 

17 site evaluation by the Environmental Protection 

18 Agency. 

19 (6) INJURED PERSON.— 

20 (A) IN GENERAL.—Subject to subpara21 graph (B), the term ‘‘injured person’’ means a 

22 homeowner, a livestock grazer, a farmer, or a 

23 recreation company or other business— 

24 (i) that, as a result of the Gold King 

25 Mine spill, suffered covered damages; 


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1 (ii) that has not, prior to the date of 

2 enactment of this Act, entered into a set3 tlement agreement with the United States 

4 for any amount exceeding $2,500, or had 

5 a judgment entered by any court in any 

6 case related to BPMD contamination or 

7 the Gold King Mine spill; and 

8 (iii) to which the Administrator— 

9 (I) denied a covered claim; or 

10 (II) did not fully compensate the 

11 individual or entity for covered dam12 ages described in a covered claim. 

13 (B) LIMITATIONS.—The term ‘‘injured 

14 person’’ only includes an individual or entity de15 scribed in subparagraph (A) that— 

16 (i) has, on or before August 5, 2017, 

17 submitted a covered claim to the Adminis18 trator; 

19 (ii) if the entity is a business, is in op20 eration as of the date of a payment under 

21 this Act; and 

22 (iii) if the entity is a business, does 

23 not own a mine or perform any mine-re24 lated business. 


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1 (7) INJURY.—The term ‘‘injury’’ has the same 

2 meaning as the term ‘‘injury or loss of property, or 

3 personal injury or death’’ as used in section 

4 1346(b)(1) of title 28, United States Code. 

5 SEC. 3. COMPENSATION FOR VICTIMS OF GOLD KING MINE 

6 SPILL. 

7 (a) IN GENERAL.—Each injured person shall be enti8 tled to receive from the United States compensation for 

9 covered damages suffered by the injured person as a result 

10 of the Gold King Mine spill. 

11 (b) INVESTIGATION OF CLAIMS.— 

12 (1) IN GENERAL.—The Administrator shall, on 

13 behalf of the United States, investigate, consider, as14 certain, adjust, determine, grant, deny, or settle any 

15 covered claim for covered damages asserted in the 

16 covered claim by an injured person for covered dam17 ages suffered as a result of the Gold King Mine 

18 spill. 

19 (2) APPLICABILITY OF STATE LAW.—Except as 

20 otherwise provided in this Act, the laws of the State 

21 of Colorado shall apply to the calculation of covered 

22 damages. 

23 (3) EXTENT OF DAMAGES.—Any payment 

24 under this Act— 

25 (A) shall be limited to— 


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1 (i) actual compensatory damages 

2 measured by injuries suffered; and 

3 (ii) the amount originally claimed by 

4 the injured person in the covered claim; 

5 and 

6 (B) shall not include— 

7 (i) interest before or after settlement 

8 or payment of a covered claim; or 

9 (ii) punitive damages. 

10 (c) PAYMENT OF COVERED CLAIMS.— 

11 (1) DETERMINATION REQUIRED.—Not later 

12 than 180 days after the date of enactment of this 

13 Act, the Administrator shall determine and fix the 

14 amount, if any, to be paid for the covered claim. 

15 (2) PARAMETERS OF DETERMINATION.—In de16 termining and settling a covered claim, the Adminis17 trator shall determine only— 

18 (A) whether the claimant is an injured per19 son; 

20 (B) whether the injury that is the subject 

21 of the covered claim resulted from the Gold 

22 King Mine spill; 

23 (C) the amount, if any, to be allowed and 

24 paid under this Act; and 


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1 (D) the person or persons entitled to re2 ceive the amount. 

3 (d) ACCEPTANCE OF AWARD.—The acceptance by a 

4 claimant of any payment under this Act shall— 

5 (1) be final and conclusive on the claimant with 

6 respect to all covered claims arising out of or relat7 ing to the same subject matter; 

8 (2) constitute a complete release of all covered 

9 claims against the United States (including any 

10 agency or employee of the United States) under 

11 chapter 171 of title 28, United States Code (com12 monly known as the ‘‘Federal Tort Claims Act’’), or 

13 any other Federal or State law, arising out of or re14 lating to the same subject matter; and 

15 (3) include a certification by the claimant, 

16 made under penalty of perjury and subject to the 

17 provisions of section 1001 of title 18, United States 

18 Code, that the covered claim is true and correct. 

19 (e) ELECTION OF REMEDY.— 

20 (1) IN GENERAL.—An injured person may elect 

21 to seek compensation from the United States for 1 

22 or more injuries resulting from the Gold King Mine 

23 spill by— 

24 (A) pursuing compensation under a cov25 ered claim; 


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1 (B) filing a claim or bringing a civil action 

2 under chapter 171 of title 28, United States 

3 Code; or 

4 (C) bringing an authorized civil action 

5 under any other provision of law. 

6 (2) EFFECT OF ELECTION.—An election by an 

7 injured person to seek compensation in any manner 

8 described in paragraph (1) shall be final and conclu9 sive on the claimant with respect to all injuries re10 sulting from the Gold King Mine spill that are suf11 fered by the claimant. 

12 (3) NO EFFECT ON ENTITLEMENTS.—Nothing 

13 in this Act affects any right of a claimant to file a 

14 claim for benefits under any Federal entitlement 

15 program. 

16 (f) JUDICIAL REVIEW.— 

17 (1) IN GENERAL.—Any claimant aggrieved by a 

18 final decision of the Administrator under this Act 

19 may, not later than 60 days after the date on which 

20 the decision is issued, bring a civil action in the 

21 United States District Court for the District of Col22 orado, to modify or set aside the decision, in whole 

23 or in part. 


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1 (2) RECORD.—The court shall hear a civil ac2 tion under paragraph (1) on the record made before 

3 the Administrator. 

4 (3) STANDARD.—The decision of the Adminis5 trator incorporating the findings of the Adminis6 trator shall be upheld if the decision is supported by 

7 substantial evidence on the record considered as a 

8 whole. 

9 (g) REPORT.—Not later than 90 days after the date 

10 on which all covered claims have been processed under this 

11 Act, the Administrator shall submit to Congress a report 

12 that describes— 

13 (1) the amounts claimed; 

14 (2) a brief description of the nature of the cov15 ered claims; and 

16 (3) the disposition of the covered claims, includ17 ing the amount of any payment under this Act. 

18 SEC. 4. APPROPRIATION OF FUNDS. 

19 (a) IN GENERAL.—There are appropriated to the Ad20 ministrator for fiscal year 2025, out of any amounts in 

21 the Treasury not otherwise appropriated, such sums as are 

22 necessary for the payment of claims in accordance with 

23 this Act, to remain available until expended. 

24 (b) EMERGENCY REQUIREMENT.—The entire amount 

25 made available under subsection (a) is designated by ConVerDate Sep 11 2014 04:51 Oct 09, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S5192.IS S5192

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1 gress as an emergency requirement under section 

2 251(b)(2)(A) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)). 

Æ 


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